R v Thialal TOURE [2008] NSWDC 335

R v Thialal TOURE [2008] NSWDC 335

The objective gravity of importing a significant quantity and value of cocaine for financial reward required a substantial term of imprisonment, particularly for general deterrence notwithstanding the offender's courier role. The court was not satisfied that the offence was committed to pay medical debts or that the offender was remorseful, but took account of custody hardship and applied a 25 per cent discount for the guilty plea as willingness to assist the authorities. A head sentence of 7 years and 6 months with a non-parole period of 4 years and 6 months was imposed from 21 April 2008.

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Criminal Sentence for Importing a Marketable Quantity of a Border Controlled Drug / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment for 7 years and 6 months with a non-parole period of 4 years and 6 months. Drugs to be destroyed.
Legal Topics
['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'drug Courier' 'general Deterrence' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'drug Courier' 'general Deterrence' 'guilty Plea Discount' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Importing a Marketable Quantity of a Border Controlled Drug / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for importing 843.5 grams of cocaine, part of an admixture of 1,290.1 grams, into Australia.' "The extent to which general deterrence and the offender's role as a courier should affect sentence." "Whether the offender's claimed financial hardship, personal circumstances, custody hardship, attempted assistance to police, and guilty plea should mitigate sentence." 'Whether remorse was established.']

Ratio Decidendi

The objective gravity of importing a significant quantity and value of cocaine for financial reward required a substantial term of imprisonment, particularly for general deterrence notwithstanding the offender's courier role. The court was not satisfied that the offence was committed to pay medical debts or that the offender was remorseful, but took account of custody hardship and applied a 25 per cent discount for the guilty plea as willingness to assist the authorities. A head sentence of 7 years and 6 months with a non-parole period of 4 years and 6 months was imposed from 21 April 2008.

Court Disposition

Sentenced to imprisonment for 7 years and 6 months with a non-parole period of 4 years and 6 months. Drugs to be destroyed.

Orders

  • ['The offender is sentenced to imprisonment for 7 years and 6 months.' 'A non-parole period of 4 years and 6 months is set.' 'The sentence is to date from 21 April 2008.' 'The offender will be eligible to be released to parole on 20 October 2012.' 'Drugs to be destroyed.']